Cimarron River Pipeline, LLC
Original Volume No. 1
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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective
Original Sheet No. 185 Original Sheet No. 185
GENERAL TERMS AND CONDITIONS
8. WARRANTY OF TITLE
(a) Shipper warrants for itself, its successors and assigns, that it
will have, at the time of delivery of gas to Transporter for transportation,
good title to the gas or the full right and authority to deliver the gas,
and that all gas delivered is free and clear of all liens, encumbrances and
claims whatsoever.
(b) Transporter warrants for itself, its successors and assigns, that
the gas it delivers hereunder to or for the account of Shipper at the
Delivery Point(s) shall be free and clear of all liens, encumbrances, and
claims whatsoever.
(c) Each party will defend, indemnify, and hold the other harmless
from and against all suits, actions, debts, accounts, damages, costs,
losses, and expenses (including court cost and reasonable attorneys' fees)
arising from or out of the indemnifying party's breach of the foregoing
warranty; including, but not limited to, adverse claims of any and all
persons to gas and to royalties, taxes, license fees, or charges that attach
or relate to the gas. If Shipper's title or right to deliver gas to
Transporter is questioned or involved in any action, Transporter may cease
to allow Shipper to continue to receive service for the quantity in dispute
under the affected TSA until Shipper's title or right to deliver this
quantity is free from question; provided that Transporter shall allow
Shipper to qualify for or continue receiving service under this FERC Gas
Tariff and the affected TSA if Shipper furnishes an irrevocable letter of
credit, surety bond, or other Security satisfactory to Transporter. Title
to the gas received by Transporter at the Receipt Point(s) and to be
redelivered at the Delivery Points shall not pass to Transporter.
9. UNIFORM RATES OF FLOW
All gas delivered to or by Transporter under its Rate Schedules shall be
delivered at rates as constant as operationally feasible throughout the Day.
Transporter shall not be obligated to deliver gas under any Rate Schedule in
excess of uniform hourly rates.
10. INSTALLATION OF FLOW CONTROL EQUIPMENT
Transporter may elect to construct, install, and operate flow control
equipment at any location on Transporter's facilities whenever it determines
in its reasonable judgment that such equipment will contribute to the safe,
reliable, efficient, and orderly operation of Transporter's facilities in a
manner consistent with its obligations to provide service under all of its
Rate Schedules.